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2003 Supreme(Mad) 417

P.K.MISRA
Mahavir Mirror Industries represented by its Proprietor and another – Appellant
Versus
The Designated Authority, Director General of Anti Dumping and Allied Duties, Ministry of Commerce and Industry, Government of India, New Delhi and others – Respondent


Advocates:
R.Krishnamoorthy, Senior Counsel, for M/s.Vijay Narayan, V.T.Gopalan, Senior Counsel, for Gajendran, for Petitioners.
Harish N.Salve, Senior Counsel, for Krishnasrinivasan, for M/s.Ramasubramaniam and Associates, for Respondent No.3.
A.Kalaiselvam, ACGSC, for Respondent No.2.

JUDGMENT: Though the matter was listed for considering the petition filed by the second respondent (interim order of stay) by consent of the learned counsel for the parties, the writ petition, itself was heard on merit, along with the other two writ petitions raising similar questions where the very same learned counsels are appearing for the writ petitioners and the respondents.

2. In all these writ petitions, the prayer has been made for quashing the preliminary findings dated 20.11.2002 under the proceedings No.14/19/2002-DGAD. It has been further prayed that Rule 7 of the Customs Tariff (Identification Assessment and Collection of Anti-Dumping Duty on Dumped Articles and for determination of injury) Rules, 1995 (hereinafter referred to as “the Rules”) as illegal and unconstitutional.

3. Sec.9-A of the Customs Tariff Act, 1975 hereinafter called as ‘the Act’ empowers the Central Government to impose Anti-Dumping duty on any article exported from any country in to India at less than its normal value. Sec.9-B(2) empowers the Central Government to make rules which may provide in the manner in which investigation may be made and the factor which should be considered at any stage of in































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